Bangladesh Nationalist Party (BNP) dismisses Article 70 debate ahead of presidential election

Bangladesh Nationalist Party standing committee member Gayeshwar Chandra Roy dismissed calls to amend Article 70 of the Constitution before the presidential election, saying any change should come through Parliament.

“If parliament considers it collectively, it may happen. But raising this question before the presidential election is irrelevant and only creates confusion,” Roy told reporters at the Election Commission headquarters.

What is Article 70?

Article 70 of Bangladesh’s Constitution requires lawmakers elected on a party ticket to vacate their seats if they vote against their party. Critics say it is antithetical to democratic governance and stands in tension with Article 39(1), which guarantees freedom of thought and conscience, because lawmakers may be forced to follow party orders rather than their own judgment.

The July Charter sought to reform Article 70 to allow members of parliament greater freedom to vote according to their conscience.

Roy’s comments suggest the Bangladesh Nationalist Party is not interested in enacting the Article 70 reforms it agreed to before being elected.

Roy said Mirza Fakhrul Islam Alamgir had been declared a valid candidate in Bangladesh’s 23rd presidential election and that the party was waiting for the vote on the 20th.

His comments came after Jamaat-e-Islami leader and Dhaka-16 member of parliament Abdul Baten called Article 70 a major obstacle, saying it prevents lawmakers from voting freely.

Roy said the election must proceed under the existing Constitution and that any barrier should be addressed through a parliamentary amendment.